Expert: Timmy Chou - 4/5/2004

Question
Dear Mr. Chou, The quote about conflict-opportunity is clever and you may find it true in 99% of the cases but mediation was a disaster for me. My sisters and I have been in probate court for almost 4 years disputing our parents will. The problem is that I was unable to work for more than 6 years because Mom had alzheimers. We went to mediation and in frustration I signed a rule 11 agreement and gave them everthing, which they were very happy to accept. Next Monday I will be in contempt of court unless I follow thru and give them everything. Any suggestions?
                   Thanks, Kenneth Hightower  

Answer
As you know, Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

Of course, as you have certainly discovered by now, a big mistake was to even be in probate in the first place by not having a properly created grantor trust. This has no doubt complicated your settlement options and made litigation a necessary element of a settlement.

It is hard for me to give you much specfic advice about your case without details but if you have signed a MSA or Rule 11 agreement, and you are 7 days away from a contempt citation, you are pretty far down the line with few options.  

There is an article by a Texas law firm that may open a door or two you can read. Here is the link:  

http://www.loveless-law.com/CM/Articles/rule11.pdf

Any options you may have at this point must be considered with competent counsel as you will have to make your case in court from here on out, and your "mediation" options are very few.

Check out the article and consult an attorney.  Hopefully you can find some legal basis to set aside the MSA.

Feel free to follow up with any other questions.

Good Luck!